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Discrimination / Harassment

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Cut no slack just because employee won award

05/27/2010
Sometimes, good employees go bad. Quite often, employers that suddenly have to terminate an employee who had been doing a great job find themselves on the losing end of a discrimination lawsuit. There’s one way to show bias played no part in the decision: Document the employee’s unacceptable behavior.

Disabled worker seem OK with ribbing? Beware!

05/27/2010

It’s sad but true: Disabled people are sometimes the butt of jokes at work. Whether the disability is obvious or the disabled employee lets co-workers know about his condition, you can expect somebody to say something inappropriate. Of course, some comments might be good-natured teasing. That doesn’t mean you should tolerate it.

Warn bosses: E-mail is smoking-gun evidence

05/27/2010

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

It cuts both ways: Men as sexual harassment victims

05/26/2010

Sexual harassment is often a product of the power and control the harasser wields over the victim because of his or her relative position in the company, regardless of gender. But juries that might quickly side with a female victim sometimes find it difficult to sympathize with a man who has been harmed by harassment. That’s no excuse for employers to take lightly the sexual harassment of men.

Lafayette pays $1 million to settle harassment charges

05/26/2010

Easton-based Lafayette College will pay five women $1 million to settle sexual harassment charges against a supervisor in the public safety division. According to an EEOC complaint, the supervisor repeatedly made lewd gestures and remarks, e-mailed pornography, groped female employees and even forcibly kissed them.

Former IT chief accuses BabyAge.com of religious bias

05/26/2010

Shlomo Hecht, former chief technology officer for BabyAge.com in Wilkes-Barre, is suing the web-based business for religious discrimination. Hecht, who is Jewish, claims BabyAge.com’s CEO Jack Kiefer frequently made disparaging remarks about Jews and told Hecht that he did not want a “Jew Boy Club” in the office.

Ban former employee from premises; it’s not retaliation

05/26/2010
How do you handle a former employee who wants to come onto the premises and speak with other employees about her pending lawsuit? You can ban her.

7 elements of a social media policy that limits your liability

05/26/2010

Online social networking sites provide a variety of benefits to organizations. They can help you collect industry-based knowledge, reach new customers, build your brand and publicize your company’s name and reputation. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior.

EEOC, N.J. man say Accenture’s background checks are biased

05/26/2010
Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.